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"concurrent processing" of LMOs and WPs following PGWP expiration
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After being on this forum for a while, I came across an important piece of info: if your PGWP is expiring soon, and you want to continue working for the same employer, you can apply for an LMO, and even if you haven't received a decision yet, you can send some sort of confirmation that you applied for the LMO along with PGWP and get implied status for up to 2 months. That, CIC will "hold" your application for two months while you wait to hear from HRSDC regarding your LMO.
However, there is a notice on the CIC website that states that "WE are no longer accepting applications for work permits without a valid LMO". (This applies obviously to only those people who're trying to keep working after their PGWP expires.). From what it looks like the notice is from July 2010.
After browsing around, I noticed on a bunch of law blogs/cites that if you've already applied for an LMO and are simply waiting for a decision, CIC does not consider it to be concurrent processing if you also then apply for a work permit (with proof that you applied for an LMO). However, I can't seem to find this anywhere on the CIC website.
Can anyone here provide any up-to-date guidance???
Concerning this topic, I have a concern:
I am a graduate from a public funded university, and therefore I'm on PWGP.
I know as a graduate I am entitled to receive 3 years of PGWP.
but because of my passport who will expire early in 2013 I received only 1 year and half of PGWP not the 3 years.
So I'm wondering, if my PR doesn't come in time and I have to renew my PGWP for the rest of the 3 years I am entitled to, do I need a LMO??
Thanks for helping me!!
No, you do not need a LMO to receive the remaining 1.5 years. Make sure you explain in your request for renewal, that you are asking for the remaining 1.5 years. Note that you have to renew your passport first, before you apply.
However, there is a notice on the CIC website that states that "WE are no longer accepting applications for work permits without a valid LMO". (This applies obviously to only those people who're trying to keep working after their PGWP expires.). From what it looks like the notice is from July 2010.
That is mostly true. There is one exception - that is, if you are a current work permit holder, your employer has already applied for an LMO but is still waiting, and your work permit will expire within the next two weeks...
See the section, "Additional details regarding concurrent processing"
It is unclear whether this was intended exclusively for those who are on LMO-approved TWPs, but it doesn't specifically say that, so... Others changing from a PGWP to TWP at the last minute have been successful....
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